Privacy policy

Effective: July 17, 2018

At Grubhub, we are concerned about privacy issues and want you to be familiar with how we collect, use, and disclose Personal Information (as defined below). This Privacy Policy describes our practices in connection with privacy and also describes the Personal Information we collect through our websites, including grubhub.com, seamless.com, eat24.com, menupages.com, and related mobile sites and mobile application(s), as well as any sites and mobile applications now or in the future that reference this Privacy Policy (collectively, the "Sites"). Except as indicated below, this Privacy Policy does not address the collection, use, or disclosure of information by us or by third parties on any websites or mobile applications other than the Sites. As used in this Privacy Policy, "Grubhub," "we," "us," and "our" means Grubhub Holdings Inc. and its subsidiaries and affiliates.

By accessing and/or using the Sites, you agree to all the terms and conditions of this Privacy Policy and our Terms of Use, available at
https://www.grubhub.com/legal/terms-of-use. If you do not agree to all the terms and conditions of this Privacy Policy, do not use the Sites.

What Types of Information Do We and Our Third Party Service Providers Collect from You and in What Circumstances Do We Collect It?

We, and our third party service providers who perform services on our behalf, collect information in a variety of circumstances when you visit and use our Sites.

For example, we may collect information:

when you register for our service, sign up for our mailing list, enter a contest or sweepstakes or communicate with us;

when you use and interact with our Sites and service, such as when you place an order, post a review, or interact with other users or with restaurants on the Sites;

when you make a payment for services;

if you log in through a social network or authentication service, such as Facebook or Google, these services will authenticate your identity and may provide you the option to share Personal Information (such as your name, email address, address book and contacts, or other information) with us; and

if you give permission for the Sites to access your address book or camera roll on your device, for example, to send an invitation to a friend or to upload a photo to the Sites.

The information we collect includes Personal Information that can uniquely identify you (whether alone or in combination with other data or information), such as your name, postal address, telephone number, email address, date of birth, or similar data. Personal Information also includes certain sensitive information related to your finances or, for business accounts, related to the finances of your employer, such as a credit card number or other payment account number (including the three [3] or four [4] digit validation code for your credit card). In order for you to take advantage of the services provided through the Sites, we may require that you furnish Personal Information or, for certain business accounts, that your employer furnish Personal Information for you. We may also collect non-personal information from you, including information about your use of our Sites, but when such non-personal information is linked to your Personal Information, we will treat it as Personal Information. We may also receive information about you from third party sources, such as other users of our Sites, drivers, merchants, and other partners.

Information collected automatically when you visit or use our Sites. We and our third party service providers may collect certain types of usage information when you visit our Sites, read our emails, or otherwise engage with us. We may use this information to enhance and personalize your user experience, to monitor and improve our websites and services, and for other similar purposes. In some instances, we and our third party service providers may combine this usage information with Personal Information. If we do combine any usage information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).

We and our third party partners use tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology, to automatically collect usage and device information, such as:

Information about your device and its software, including your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, that permit us to recognize and contact you across multiple devices.

Information about the way you access and use our Sites, for example, the site from which you came and the site to which you are going when you leave our Sites, the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the Sites from multiple devices, and other actions you take on the Sites.

Analytics information. We may collect analytics data or use third party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Sites and to understand more about the demographics of our users. You can learn more about Google’s practices
here.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies; however, doing so may negatively impact your experience using the Sites, as some features and services on our Sites may not work properly. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. See Section 4 below to learn more about our online advertising practices.

How We Respond to Do Not Track Signals. Although we do our best to honor the privacy preferences of our users, we are currently unable to respond to Do Not Track signals set by your browser.

Location Information. With your consent, we may obtain information about your physical location through geolocation features on your device, including GPS (e.g. latitude and/or longitude). We may use this information to improve order efficiency and enhance your user experience. We may also infer your location based on other information we collect. For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.

How Do We and Our Third Party Service Providers Use Information Collected from You?

We and our third party service providers may use Personal Information:

to process your registration on our Sites, including verifying your information to ensure its accuracy and validity.

to fulfill your requests (e.g., to allow you to order food through our restaurant partners and have it delivered to you, or to provide you with information that you request).

to customize content on our Sites (e.g., the restaurants that will deliver to your location).

to send you important information regarding the Sites, such as certain changes to our terms, conditions, policies, and/or other administrative information. Because this information may be material to your use of the Sites, you may not opt out of receiving such communications.

to inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, adding you to our mailing lists and sending you emails or push-notifications from time to time, and permitting you to participate in sweepstakes, contests, and similar promotions (collectively, "Promotions").

to evaluate your eligibility for certain types of Promotions, offers, products, or services that may be of interest to you.

to permit you to refer us to your friends so that we may send them a promotional offer through the Sites. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name, email address, and other information you share with us. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will not use your friend's Personal Information for any purpose other than to allow a promotional offer to be sent and/or to troubleshoot any issues with respect to such promotional offer, unless we disclose such other purpose to you at the time you provide your friend's Personal Information to us.

to enforce our corporate reporting obligations and our Terms of Use, or to comply with applicable laws.

for purposes disclosed at the time you provide your Personal Information or as otherwise set forth in this Privacy Policy.

We and our third party service providers may also use aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Sites. For example, we may use Personal Information to calculate the percentage of our users who have a particular telephone area code.

How Do We and Our Third Party Service Providers Share Your Personal Information with Others?

We and our third party service providers may disclose Personal Information:

to our affiliates, including Seamless Europe, Ltd., so that they also may use such Personal Information for the purposes described in this Privacy Policy. Grubhub is the party responsible for the management of the jointly-used Personal Information.

to our third party service providers that provide services on our behalf, such as payment processing, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, targeted advertising and marketing, and other similar services.

to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of our Terms of Use or other alleged contract violations, actual or alleged infringement, actual or suspected harm to persons or property, or alleged violations of laws, rules, or regulations.

to third parties as needed to detect, prevent, or otherwise address actual or suspected fraud, harassment, security or technical issues, violations of any law, rule, regulation or the policies of the Sites, and to verify your purchase to holder(s) of any credit card(s) or other payment account(s) used to place order(s) using your account or your information.

as required to fulfill your order (e.g., to our restaurant partners to enable them to fulfill your order).

to restaurants and brands from which you have placed orders through the Sites as well as their affiliates and third party service providers. These restaurants, brands, and their affiliates, may use your information as permitted by their own privacy policies, which could include sending you marketing communications and other promotional content.

to identify you to any person with whom you interact through the Sites.

to third party sponsors of Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotions. You should carefully review the rules, if any, of each Promotion in which you participate, as they may contain additional important information about our, a sponsor's, and/or other third parties' use of your Personal Information. To the extent that the rules of those Promotions concerning the treatment of your Personal Information conflict with this Privacy Policy, the rules of those Promotions shall control.

to third party partners in connection with integration, co-marketing and certain other coordinated efforts.

to an affiliate or other third party in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including without limitation in connection with any bankruptcy and/or similar proceedings).

as we believe to be appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and/or those of any of our affiliates; (f) to protect our rights, privacy, safety, and/or property, and/or that of our affiliates, you, and/or others; (g) to permit us to pursue available remedies and/or limit the damages that we may sustain; and (h) for recordkeeping purposes.

We may also share Personal Information which has been aggregated or de-identified in a manner such that the end-product does not uniquely identify you or any other user of the Sites.

Third Party Tracking and Online Advertising.

We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies, and other third party services to collect information about your use of our Sites over time so that they may play or display ads on our Sites, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.

To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s (“NAI”) online resources, available at
http://www.networkadvertising.org/choices, and/or the Digital Advertising Alliance's (“DAA”) resources, available at
http://www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note, however, that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again.

You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt out of interest-based ads” (Android).

Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Sites. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at
https://google.com/ads/preferences, or by vising NAI’s online resources at
http://www.networkadvertising.org/choices.

Profiles and Interactive Areas. We and our third party service providers may make available through the Sites certain features and services (for example, ratings and reviews, photo uploads, and chat functionality) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public, and may be available to visitors to the Sites and to the general public, including without limitation the ratings, reviews, and photographs that accompany many restaurant listings. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, and/or any other information and/or materials, on the Sites. NEITHER WE, NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PERSONAL INFORMATION YOU DISCLOSE IN THE MANNER DESCRIBED IN THIS SECTION 5 THROUGH THE SITES.

Third Party Sites. Except as expressly set forth herein, this Privacy Policy does not address, and neither we nor our third party service providers is responsible for, the privacy, information, or other practices of other websites and/or any third parties, including without limitation any of our affiliates and/or any third party operating any site to which the Sites contain a link. For clarity, the inclusion of a link to a third party website on the Sites does not imply endorsement of the linked site by us or by our affiliates. Please note that your access and/or use of any third party websites, including your provision of any information, materials and/or other content to such sites, is entirely at your own risk. We encourage you to read the policies and terms of every website you visit.

Security. We and our third party service providers use reasonable organizational, technical, and administrative measures designed to protect Personal Information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

Unsubscribe. If you do not wish to receive certain marketing-related emails from us, you may unsubscribe from receiving them by clicking on the "unsubscribe" link at the bottom of any of those emails. You may also unsubscribe from receiving certain order-related text (SMS) or multimedia (MMS) messages by replying “STOP” to the number sending the message. Please see our Terms of Use, available at
https://www.grubhub.com/legal/terms-of-use, for more information on communications from or on behalf of Grubhub.

Control Over Your Personal Information. You may review, correct, and/or update certain elements of your Personal Information by adjusting your preferences in the "Your account" section of the Sites. However, neither we nor our third party service providers are responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third party service providers have previously shared your Personal Information. If you are a California resident under the age of 18 and want to remove your Personal Information from our publicly-displayed content, you can contact us directly at
privacy@grubhub.com. We may not be able to modify or delete your information in all circumstances.

Data Retention. We and our third party service providers will retain Personal Information for at least the period reasonably necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. If we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or aggregate or anonymize your Personal Information.

Note Regarding the Use of the Sites by Children. Under no circumstances are the Sites directed to and/or intended for use by individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from children under age 13. If you believe that we might have any information from a child under 13, please contact us at
privacy@grubhub.com so that we may delete it as soon as possible.

Disclaimer. If you choose to access the Sites, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area, and/or jurisdiction we choose, at any time and in our sole discretion. By using the Sites and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence provides.

California Privacy Rights. If you are a user of the Sites and a California resident, California’s “Shine the Light” law (California Civil Code §1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.

Changes to this Policy. We may change this Privacy Policy from time to time and without prior notice, except that if we make a material change, we will notify you prior to the effective date of the change. Changes to this Privacy Policy will be effective as soon as they are posted, unless a later effective date is provided. By continuing to access and/or use the Sites after the effective date of a revised Privacy Policy, you agree to be bound by the revised Privacy Policy. For clarity, if you do not agree to the new terms of the Privacy Policy, do not continue using the Sites. The most current version of this policy will always be posted on the Sites.

Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by email at
privacy@grubhub.com, or write to the following address:

Grubhub Holdings Inc.

Attention: Privacy Team

5 Bryant Park, 15th Floor

New York, NY 10018

Please note that email communications will not necessarily be secure; accordingly, please do not include credit card information and/or other sensitive Personal Information in your email correspondence with us.